Rowe v. Current River Land & Cattle Co.
Missouri Court of Appeals
Appeal from Shannon Circuit Court. — How. W. N. ■Evans, Judge. (1) One who purchases land at an invalid sale of the same for general State and county taxes, and who subsequently pays taxes thereon, can not in the absence of a statutory provision therefor, recover from the owner of the land, either the amount paid by .him for the land at such sale, or the amount of the taxes subsequently paid. ■ (2) At common law the purchaser at a sale for taxes comes strictly and rigidly…
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Appeal from Shannon Circuit Court. — How. W. N. ■Evans, Judge. (1) One who purchases land at an invalid sale of the same for general State and county taxes, and who subsequently pays taxes thereon, can not in the absence of a statutory provision therefor, recover from the owner of the land, either the amount paid by .him for the land at such sale, or the amount of the taxes subsequently paid. ■ (2) At common law the purchaser at a sale for taxes comes strictly and rigidly within the rules of caveat emptor. The bidder can not be considered a bona fide purchaser in the customary sense of that…
1Opinion of the CourtReyburn, J.
This is an action brought under the provisions of an act of the Legislature of Missouri, approved March 15, 1897 (Laws 1897, page 74), being-sections 650, 651 and 652 of the present statutes, to determine the interests and quiet the title to a tract of realty in Shannon county. The material allegations of plaintiffs’ petition were .that they owned and claimed to have title in fee simple to the tr'act described, which was not in the actual possession of any person, but that the defendant claimed some title, estate or interest in such real estate adverse to the estate of plaintiffs therein, and…
2Cases cited5 opinions
- State ex rel. MacKenzie v. CasteelIndiana Supreme Court · 1887
- Harper v. RoweCalifornia Supreme Court · 1878
- McCormick v. EdwardsTexas Supreme Court · 1887
- Croskery v. BuschMichigan Supreme Court · 1898
- Carter v. PhillipsMissouri Court of Appeals · 1892
3Cited by5 opinions
- Burkham v. ManewalSupreme Court of Missouri · 1906
- Podesta v. Union Land Co.Missouri Court of Appeals · 1911
- Wall v. HanfordMissouri Court of Appeals · 1910
- Brown v. Current River Land & Cattle Co.Missouri Court of Appeals · 1903
- Jamison v. HarveyMissouri Court of Appeals · 1910